Eligibility for civil & criminal legal aid Flashcards
What civil cases is legal aid available for?
Where client faces homelessness
Family cases where client victim of domestic abuse
Discrimination cases
Immigration cases
Care proceedings
What kind of cases is civil legal aid not available for?
Negligence claims for personal injury
Divorce & family disputes about children
Business cases
Cases which could be financed by a CFA
What is the difference between controlled work & licensed work for civil legal aid?
Controlled work: the solicitor determines client’s eligibility
Licensed work: authorised by the LAA on case by case basis
What are the 3 forms of ‘civil services’?
- Legal Help (controlled work): covers solicitor giving basic advice
- Help at Court (controlled work): covers advice & assistance in relation to a particular hearing
- Legal Representation (licensed work): where client party to proceedings or contemplating starting proceedings
What are the 2 tests that must be satisfied to be eligible for civil legal aid?
MERITS + MEANS
What is the merits test for civil legal aid?
If it is controlled legal work (ie. Legal Help & Help at Court):
sufficient benefit test
If it is licensed work (ie. legal representation):
- Prospect of success (must be more than 50%); and
- General merits test (monetary cases) or reasonable privately paying client test (non-monetary cases)
What is the means test for civil legal aid?
Capital: must not exceed £8,000 (or £3k for immigration cases)
+
Income requirements:
- If client on benefits: automatically qualify
- If gross income is more than £2,657, will not qualify
- If gross income is less than £2,657 & their disposable monthly income exceeds £733, will qualify
What is the statutory charge?
If the recipient of civil legal aid benefits financially from the case, any money or property they receive can be used in repayment of the solicitor’s fees
What is criminal legal aid available for? (3 things)
→ Advice at the police station
→ Duty solicitor scheme
→ Representation order (ie. granted for court rep if satisfy interests of justice + means)
What are the 2 tests that must be satisfied to be eligible for criminal legal aid?
INTERESTS OF JUSTICE test + MEANS test
What is the interests of justice test for criminal legal aid?
Is it in the interest of justice for client to receive public funding?
→ If client under 18 or case being heard in crown court: automatically satisfied
→ If not, consider the 6 factors:
- Likely to lose liberty/livelihood or suffer damage to reputation?
- Involves substantial q of law?
- Client unable to understand or state own case?
- Involves tracing, interviewing, expert cross-e of witnesses?
- In interests of another person that they be represented?
- Some other reason?
What are the 6 factors to consider when assessing the interests of justice test?
- Likely to lose liberty/livelihood or suffer damage to reputation?
- Involves substantial q of law?
- Client unable to understand or state own case?
- Involves tracing, interviewing, expert cross-e of witnesses?
- In interests of another person that they be represented?
- Some other reason?
What is the means test for criminal legal aid?
Will be automatically met if client under 18 or receives benefits
Otherwise,
- Is there adjusted income less than £22,325?
- If less than £12,475, will be eligible
- If between £12,475 & £22,325, must satisfy full means test
- If £12,475-£22,325, does the client satisfy the full means test?
- Magistrates’ Court: eligible if annual disposable income is £3398 or less
- Crown Court: if less than £37,500 (but more than £3,398), may be required to make a contribution towards their legal fees
When will the means test automatically be met for criminal legal aid?
If client under 18 or receives welfare benefits?
What are the 2 stages of the means test for criminal legal aid?
I. Adjusted income (less than £22,325)
II. Full means test (if adjusted income between £12,475 & £22,325)
